State v. Sutton

OPINION

FONES, Justice.

Defendant John Sutton was indicted for driving while intoxicated, and disorderly conduct. His wife, Gloria, was indicted for disorderly conduct arising from the same incident, and the two were tried jointly. The jury returned a verdict of guilty on all charges. The trial judge, on motion for new trial, directed a verdict of acquittal on the disorderly conduct charges, but let stand respondent’s conviction for driving under the influence, with the jury-imposed penalty of ten (10) days incarceration and a five hundred ($500) dollar fine. The Court of Criminal Appeals…